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Liability

Turning point in bank fraud case law?

Victims of bank fraud who lose their money due to unauthorized payment transactions often face an uphill battle against banks. Evidence is often lacking about how fraudsters authorized the payments, which reduces the likelihood of a successful lawsuit. Past challenges In the past, it was difficult for victims to win their case, especially if they could not prove how the payments were authorized. Judges require victims to explain exactly how the fraud was carried out [...]

Recovering stolen crypto: the final steps

In our previous blogs, we outlined how stolen or fraudulently misappropriated cryptocurrency can be traced using blockchaintracing. We showed how we successfully obtained multiple "freezing orders" from Dutch courts in 2023 and 2024. A high-profile example was the case against Huobi in 2023, in which the court imposed a fine of as much as €2,000,000 to ensure that the account of the fraudulent customer was actually frozen. In summary proceedings, we ask not only for [...]

Ruling on unfair debt collection practices

A recent judgement in a case we brought against a collection company shows that it is possible to take action against abuses in the collection industry. The case Our client, an entrepreneur in the art business, engaged a collection agency to collect an unpaid invoice. The collection agency outsourced the work to an outside attorney, who successfully completed the proceedings. However, after receiving the awarded amount in the collection company's third-party account, our client was [...]

2024-11-09T15:20:06+01:009 November 2024|Debt Collection, Liability, Unlawful Act|

The money mule: victim or accomplice?

A recent court case has again highlighted the complex role of the so-called "money mule" in fraud cases. Geldezel argued a defense in the proceedings. What is a money mule? A money mule is someone who makes their bank account available to criminals to channel stolen money. This is often done under the guise of a lucrative side income or under pressure from the criminals. The money mule receives money in his account from a [...]

Applicable law in international investment fraud: preferably Dutch

International cases present specific challenges, particularly in the area of applicable law. A recent ruling shows how the legal system deals with these challenges. When victims of investment fraud live abroad, while the recipient of the funds is based in the Netherlands, the question arises as to which law applies. The law of the victim's country of residence (in this case, the United Kingdom) is then the main rule under private international law because the [...]

Information for victims of BUNQ bank fraud

This page is intended as a blog with the latest information for victims of Bunq bank account fraud. The latest news can be found at the top. Watch here the broadcast of Kassa about fraud at Bunq Listen here to the podcast "The robbed customers of Bunq" of NOSJune 14: Bunq's new security measuresMeanwhile, the new package of measures introduced by Bunq to control the frauds is known in more detail. An overview can be [...]

Duty of care to third parties: who must prove?

A recent ruling by the interim relief judge of the Amsterdam District Court provided an interesting decision on the issue of proof regarding banks' duty of care to third parties in fraud cases. The case involved an American woman, a client of our firm, who had been the victim of a hack in which €200,000 had been transferred to the account of a money mule with an account at ING. Although the main claim was [...]

Fraud and scams with a Dutch bank account, what to do?

International fraud with fake websites, billing fraud, investment fraud and other scams where fraudsters elicit payment on an incorrect bank account number with victims living in other countries is unfortunately common. Our firm has handled dozens of such cases in recent years. In this blog, for victims who do not live in the Netherlands, we describe the options for recovering money if a Dutch bank account number is involved in the fraud. What types of [...]

Does a bank have a duty of care towards third parties?

When you think of a duty of care of banks, you think in the first place of the customers. But the duty of care can also relate to third parties. For example, a customer of the bank can be a swindler, who uses the checking account to receive deposits from victims, after which that money is funneled away. Can you sue the bank for the damage? Is the bank expected to monitor suspicious transactions from its own customers to protect non-customer third parties?

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